Cemetery Regulations

INTRODUCTION TO NEWARK CEMETERY
Newark Cemetery is a peaceful place where we remember and honour those who have passed away. It is located on the south side of London Road, Newark.
You can enter through the main entrance and a small car park are situated off London Road between Elm Avenue and The Park.
There are other entrances can be found along Elm Avenue near the Cemetery Cottage and at the end of Elm Avenue, the end of Cavendish Avenue, off Bromley Avenue and at Thoresby Avenue where a second car park is situated. A new extension between the Thoresby Avenue entrance and the Cavendish Avenue entrance was opened in 2013.

INTERPRETATION
The following regulations shall apply to Newark Town Council Cemeteries.
In these rules and regulations, unless the context otherwise requires, the following words and expressions shall have these meanings assigned to them:-
‘Exclusive Right of Burial’ – means the exclusive right of the registered owner to determine who may be interred in, or commemorated on, the grave in question; such exclusive right to be for a limited period determined by the Council, currently 50 years.
‘Grave’ – means a burial place formed in the ground by excavation and without any internal wall or brickwork, stonework or any other lining.
‘Grave Space’ – means that area allowed by the Council for the establishment of a grave or cremated remains plot.
‘Inscription’ – means a reference on a new memorial to ONE deceased person.
‘Additional Inscription’ – means each inscription, inscribed after the first inscription.
‘Memorial’ – means a headstone, monument, vase, tablet or surround placed on a grave space that commemorates the memory of a deceased person.
‘The Council’ – means Newark Town Council

VISITING HOURS
The Cemetery is open every day.
1 April to 30 September 8.00 am to Dusk
1 October to 31 March 8.00 am to Dusk
Occasionally the Cemetery will close due to bad weather conditions.

Everyone is welcome to visit the Cemetery. We ask that all visitors treat the Cemetery with respect by:
Conducting themselves in a respectful manner.
Not interfering with any graves or cremated remains plots, or with any burial taking place.
Playing no games or sports;
No alcohol or illegal substances are allowed in the Cemetery.
Dogs must be kept on a lead.
Do not take photographs, film or record in the cemetery unless agreed by the Council.
Cemetery staff will be pleased to help with any queries, but any complaints must be made to the Town Council Office.
Visitors to the Cemetery should not unnecessarily interrupt the Council’s employees whilst carrying out their duties
Visitors to the Cemetery should not ask the Council’s employees to carry out private work within the Cemetery.
Physical or verbal abuse towards any Newark Town Council staff member is not allowed.
All visitors to the Cemetery must keep toon the footpaths or roadways except whilst visiting a grave
No person shall sit, stand, or climb upon or over any gate, wall, fence or building, or any memorial gravestone/tablet or other property of or within the Cemetery
Only activities linked to use and operation of the Cemetery are permitted
Please place litter in the bins provided
Depositing any unsuitable materials within the bins provided in the Cemetery will be considered as fly tipping and will be reported.
No external waste to be brought into the Cemetery at any time.
Do not ride motorcycles, cycles, skateboards, roller blades, roller skates or scooters in the Cemetery.
Vehicles will not be allowed in the Cemetery.
Apart from approved memorials, no other items such as wooden crosses, artificial grass, pottery, wood, metal, or plastic are allowed unless they’re within an authorized grave surround or on the provided concrete raft.
Chimes, lanterns, and holders are only permitted directly behind the headstone on the concrete raft.
No glass items of any kind are permitted in the Cemetery.
The use of sky lanterns or any other airborne litter is strictly prohibited

BURIALS
Burials can take place between;
Mon to Thurs Winter 9am – 2pm Summer 9am – 2.30pm
Friday Winter 9am – 1.30pm Summer 9am – 2pm

If you need to have a burial outside these hours you will need special permission and there may be extra charges. All graves will be prepared by people approved by the Council.
The time appointed for an interment will be that at which the funeral cortege is to arrive at the entrance gate of the Cemetery.
Coffins should be constructed of wood or other perishable materials, and must comply with conditions stated by the Council.
All graves will be prepared by persons approved by the Council.
The Town Council must be advised of any funeral at which 50 or more mourners are expected to be in attendance.

Permission for burials is made subject to the following terms and conditions:
The position of the grave shall be agreed with the Council.
Wherever possible, all plots will be levelled to allow for ease of maintenance.
No unauthorised grave surrounds will be allowed in the Cemetery.
Where a kerb set is approved by the Town Council, the owner of the exclusive rights or their representative(s) are required to maintain the area within the grave surround to an acceptable standard.
No unauthorised kerb sets will be allowed.
EXCLUSIVE RIGHTS OF BURIAL (ERB)
You can buy the right to bury someone in a specific grave for 50 years. After that, the rights to that grave will end. The Council keeps records to decide when this time is up if there’s any disagreement. The paper you get from the Council showing you bought this right is proof it’s yours.
The Council can change the rules about this right if the law changes. If you want to give this right to someone else, you need a special legal paper. You should ask the Council if you have questions about this.
If there’s a disagreement about when the ERB to a burial plot ends, the Council will check its records to find out the correct date.
The paper signed by the Council showing you have the right to the burial plot is proof that it belongs to you.
The Council can change the rules about this paper if the laws change.
If you want to give the ERB to someone else, you need to have a special legal paperwork. Ask the Council if you need help with this.
Please note that the maximum number of internments of burials and ashes per plot is as follows;
Two Full Burials and three Internment of Ashes

GARDEN OF REMEMBRANCE
The Council has set aside a special place called the Garden of Remembrance. It’s meant for putting the ashes of loved ones. The ashes are placed in a box or a plastic tube, and each plot can hold ashes from two different people. The Council decides where exactly each plot will be in the garden.

Burial of Ashes can take place between;
Mon – Thurs Winter 9am to 3pm Summer 9am to 2.30pm
Friday Winter 9am to 2.30pm Summer 9am to 2pm

You can buy a special slate tablet only from the Town Council. This tablet comes with a built-in vase and allows you to write a short message in memory of someone.

MEMORIALS
To put up a memorial in the Cemetery, you’ll need a current Exclusive Right of Burial (ERB). The Council has specific sizes they will accept for memorials, headstones, and tablets— you can get these details from them.
Before you can order a new memorial, change an inscription, or replace something, you must fill out a form and pay a fee to the Council. They’ll confirm if your request is approved with a memorial permit. Don’t start any work until you get this permit. It’s important that all work follows the details on your application and meets the rules here. If it doesn’t, the Council won’t allow it to stay in the Cemetery.
You don’t need a permit just to clean, straighten, level, fix the lettering, or paint existing memorials or inscriptions. The Council won’t pay for any costs related to memorials for any reason.
If there are any memorials put up without permission, like grave surrounds, the Council can remove them without telling anyone first. They’ll charge the cost of removal and getting rid of it to the person who owns the ERB or whoever is responsible.
If a memorial gets damaged or vandalized, it’s the owner of the Exclusive Right of Burial who has to fix it. The Council won’t pay for any damage. That’s why it’s a good idea for the owner to have insurance on their memorial.
Memorial Insurance
Newark Town Council thinks it’s a good idea for people to have insurance on their memorials. This insurance should cover any repairs needed if the memorial becomes unsafe. It will also cover your memorial if it gets damaged by vandals, stolen, or if there’s an accident.
Memorial Damage
Just so you know, Newark Town Council won’t be responsible for any accidental damage that might happen when the grounds team is working to keep the cemetery nice. The team always takes care to make sure things are as safe as possible.
If the Council or its experts think a memorial might be broken, dangerous, or not safe, it’s up to the owner to fix it. If fixing it doesn’t work out, the Council will make it safe in the best way possible, and the owner will have to pay for any costs that come up.
If the owner or the new person in charge can’t be found or doesn’t want to fix things, the Council can decide to lay down or take away memorials that aren’t safe. They can also keep out or take away any memorial that wasn’t made well, isn’t from good materials, or that they think makes the cemetery look bad or offends people.

Accepted Memorial sizes
Headstones: Height shall not exceed 122cm (4’) from the surface of the raft
Width shall not exceed 91cm (3’)
Thickness shall not exceed 15cm (6”)
A base must be constructed of complementary material to the headstone and be within the following dimensions:
Width – maximum support plinth to be no more than 107cm (42”)
Depth (front to rear) maximum 45cm (18”)
Grave surrounds: in all areas excluding Thoresby Avenue Cemetery extension, shall be no more than a maximum of 213cm (7’) in length and 91cm (3’) in Width. This includes the dimensions of the surround plinth.
The only exceptions will be in respect of existing multiple grave plots.
In the Thoresby Avenue Cemetery extension the length of the kerb shall be restricted to 198cm (6’6”) from the front of the plinth and 91cm (3’) in width.
TEMPORARY MEMORIALS
You can ask the Council informally if you want to put up a temporary memorial, like a wooden cross. You have to get it from a funeral director or a company that makes memorials. Temporary memorials don’t last long, so after six months, the Council can take them down without telling you first, and you can’t appeal this decision.
You can’t put up artificial memorials at any time. This includes framed pictures or other temporary things that don’t follow the British Standard 8415 (BS8415). Temporary memorials must be the same size as a regular stone memorial. They must be made from wood that doesn’t rot without treatment, and they have to go through the same tests as stone memorials.
The wooden cross has to be made from wood that’s proven to last over 25 years without treatment, and you have to know where the wood came from.
OTHER COMMEMORATIVE FEATURES
Book of Remembrance: Anyone can ask the Town Council to record someone’s in the Book of Remembrance at the Cemetery Lodge if they pay a fee.
Trees: If you want to plant a memorial tree at the cemetery, you can ask the Town Council. They will decide based on the type of tree, how big it will grow, and where it will be. There will be a charge for this service.
Memorial Benches: The Town Council has stopped allowing new memorial benches in the Cemetery. However, there are two benches that the Council has already bought, and you can put memorial plaques on these benches. To get a plaque, you need to apply at the Council offices.You can’t put any plaques on the Town Council’s benches unless you have permission, and any unauthorised plaques will be taken off and disposed of straight away.
The Town Council is open to considering other environmentally friendly options that could help families create memorials for their loved ones.

MAINTENANCE AND UPKEEP
Once someone is buried and enough time has passed for the ground to settle naturally, the Council will smooth out the surface of the grave. Any extra soil will be removed as directed by the Town Council.
Every grave should have a flat surface that’s level with the ground, except for an approved memorial that follows these rules.
For safety reasons, the Council won’t allow the top of earth graves to be covered with materials like stone, concrete, gravel, or small stones unless they’re inside an approved kerb set.
The Council has the authority to trim, cut down, or remove any bushes, trees, plants, or flowers if they think they’re inappropriate or have grown too much.

The Town Council actively monitors and enforces these rules and has the authority to remove unauthorized items. Here are the specific regulations:

a) Permission from the Council is necessary before planting any tree or shrub on a grave.
b) Raised mounds or turfed banks are not permitted on any grave, except temporarily after a burial to allow for initial settling.
c) The Council reserves the right to remove any items from a grave that they consider unsightly or that may interfere with maintaining the grounds. They will notify the grave owner before taking action.
d) Items posing immediate hazard or danger will be removed without prior notice.
e) If unauthorised items are found on or around a grave, the Council can remove them. The grave rights owner will receive a letter and the items will be kept for 28 days. If items are not collected within this period or if repeated removals are necessary, the Council may decide to dispose of them without further consultation.
These rules ensure the upkeep and safety of the cemetery grounds, maintaining a respectful environment for all visitors and families.
f) The Council retains the right to remove and dispose of floral tributes, flowers, or plants that have wilted, perished, or are deemed unsightly on any grave site. Floral tributes placed at a grave will be cleared away fourteen days following the burial, while Christmas wreaths will be removed in February. It should be noted that the Council does not assume responsibility for the security of any personal or decorative items left at graves.
The Council reserves the right to apply weed killer as required.
The Council encourage the use of environmentally friendly products at all times

FEES AND CHARGES
The fees and charges for using the Cemetery are set out in a schedule that may change over time. All fees must be paid in advance, unless arrangements are made for payment on account.
The fee for the Grant of Exclusive Right of Burial shall be doubled where the purchaser of such Grant was not ordinarily resident within the Parish of Newark.
Similarly, the fee for burial will be doubled if the deceased was not a resident of the Parish of Newark. However, the Council may grant an exemption from the doubled fee for individuals who:
Are of state retirement age, and
Have been residing in residential or hospital care outside the Parish for at least five years prior to their admission to such care.
This exemption will remain applicable for a period of ten years from the date of their admission to residential or hospital care. It’s important to note that this exemption does not apply to individuals who voluntarily left Newark and later returned to residential or hospital care in the immediate area.

GENERAL
The Town Council may have to amend these Regulations if the laws relating to Cemeteries change or circumstances change.
Exercise of the Town Council’s Discretion
The Local Authorities’ Cemeteries Order 1977 states that:
‘No burial shall take place, no cremated human remains shall be scattered and tombstone or other memorial shall be placed in a cemetery and no additional inscription shall be made on a tombstone or other memorial, without the permission of the officer appointed for that purpose by the burial authority.
It is proposed that the Town Clerk be confirmed as the officer appointed for that purpose and authorised to act for the Town Council on matters relating to the control and management of Newark Cemetery.
Information and copies of the Regulations, Forms and current scale of charges relating to the Cemetery may be obtained free of charge from the Town Hall.
Alternative Formats

Equality Act 2010 – copies of this document in large print (A3 format) or larger font size can be made available for those with sight impairment on request from Newark Town Council.
Freedom of Information
In accordance with the Freedom of Information Act 2000, this document will be posted on the Council’s website www.newark.gov.uk.

Office Hours
Any enquiries can be made at the Town Hall, Market Place, Newark, the opening hours of which are:
Monday to Friday 9.30 am to 4.00 pm.
Or by calling 01636 680333

BACKGROUND
The main Newark Cemetery is located on the south side of London Road, Newark.
The main entrance and a small car park are situated off London Road between Elm Avenue and The Park.
Other entrances can be found along Elm Avenue near the Cemetery Cottage and at the end of Elm Avenue, the end of Cavendish Avenue, off Bromley Avenue and at Thoresby Avenue where a second car park is situated. A new extension between the Thoresby Avenue entrance and the Cavendish Avenue entrance was opened in 2013.
The Cemetery is controlled and administered by Newark Town Council, hereinafter called the “Council”, under the Local Government Act 1972 and the Local Authorities’ Cemeteries Order 1977. All burials and interments must comply with the above legislation and/or any succeeding legislation.
INTERPRETATION
The following regulations shall apply to Newark Town Council Cemeteries.
In these rules and regulations, unless the context otherwise requires, the following words and expressions shall have these meanings assigned to them: –
‘Exclusive Right of Burial’ – means the exclusive right of the registered owner to determine who may be interred in or commemorated on the grave in question; such exclusive right to be for a limited period determined by the Council, currently 50 years.
‘Grave’ – means a burial place formed in the ground by excavation and without any internal wall or brickwork, stonework or any other lining.
‘Grave Space’ – means that area allowed by the Council for the establishment of a grave or cremated remains plot.
‘Inscription’ – means a reference on a new memorial to ONE deceased person.
‘Additional Inscription’ – means each inscription, inscribed after the first inscription.
‘Memorial’ – means a headstone, monument, vase, tablet or surround placed on a grave space that commemorates the memory of a deceased person.
‘The Council’ – means Newark Town Council
CEMETERY SITE: CONDITIONS FOR USE
The Cemetery will be open to the public on such days and during such hours as the Council may, from time to time, determine. At present such hours are:
1 April to 30 September 8.00 am to Dusk
1 October to 31 March 8.00 am to Dusk
The Council reserves the right to close the Cemetery at any time without notice.
Any unauthorised entry when the Cemetery is closed to the public contravenes The Local Authorities’ Cemeteries Order 1977, Section 18(2).
All persons entering the Cemetery will be subject to the orders and control of the Town Council.

Everyone is welcome to visit the Cemetery. We ask that all visitors treat the Cemetery with respect by:
conducting themselves in a respectful manner.
not interfering with any graves or cremated remains plots, or with any burial that is taking place.
taking no alcohol or illegal substances into the Cemetery.
The taking of photographs, filming or recording in the cemetery is not permitted unless written agreement has been given by the Council.
Cemetery staff will be pleased to help wherever possible with any queries, but any complaints must be made to the Town Council offices directly.
Visitors to the Cemetery shall not unreasonably interrupt the Council’s employees whilst carrying out their duties
Visitors to the Cemetery shall not attempt to employ the Council’s employees to execute private work within the Cemetery or extend to them any gratuity.
Physical or verbal abuse towards any Newark Town Council staff member will not be tolerated.
No person shall sit, stand, or climb upon or over any gate, wall, fence or building, or any memorial gravestone/tablet or other property of or within the Cemetery
Only transactions linked to use, and operation of the Cemetery are permitted
Depositing any unsuitable materials within the bins provided in the Cemetery will be considered as fly tipping and will be reported.
No external waste to be brought into the Cemetery at any time.

No person shall sell or offer or expose for sale any article, commodity or thing of any kind whatsoever or solicit orders for the same, within the Cemetery without the express permission of the Council.
There is no access to any motor vehicle in the Cemetery, except Council operated vehicles funeral and memorial masons’ vehicles.
The use of motorcycles, cycles, skateboards, roller blades, roller skates, scooters or any other vehicle, whether propelled by mechanical or powered means, will not be allowed in the Cemetery.

INTERMENTS
Interments may only take place in accordance with these regulations and at the following times:
Burials Cremation
Summer Mon-Thurs 9am to 2pm Fri 9am to 1.30pm Mon-Thurs 9am to 2pm Fri 9am to 1.30pm
Winter Mon-Thurs 9am to 2.30pm Fri 9am to 2pm Mon-Thurs 9am to 3pm Fri 9am to 2.30pm
Interments outside of these hours will be considered at the discretion of the Council, and additional charges may apply in order to recover the administration/labour costs.
The time appointed for an interment will be that at which the funeral cortege is to arrive at the entrance gate of the Cemetery.
All bookings must be confirmed in writing within 72 hours (excluding weekends and public holidays) on the prescribed form, Notice of Interment. The Council will accept no responsibility whatsoever for verbal arrangements, where such arrangements have not been so confirmed.
The Notice of Interment must contain full details of the deceased, the proposed interment, the grave to be used, the dimensions/style of the coffin and the depth of grave to be prepared.
The Council will not accept responsibility for the consequences arising from the loss or delay of any such notice, order or other document sent by post, nor for the accuracy of the details contained in the Notice of Interment.
A certificate of disposal issued by the Council of Births and Deaths or a Coroner’s Order for burial must be delivered to the Council before the interment shall be allowed to proceed.
In the case of interment of cremated remains, a certificate for burial purposes, issued by the Cremation Authority, will be required.
In the case of Foetuses, the Medical Practitioner’s Confirmation of Delivery of a Non-Viable Foetus’.
Coffins should be constructed of wood or other perishable materials, and must comply with any conditions that are required by the Council,
All graves will be prepared by persons approved by the Council.
When a grave plot is being opened, the excavated soil is placed to the side of the grave, it may be necessary when opening a grave between two existing graves for the soil to be placed on one or both adjacent graves.
The adjacent graves in question will be covered with boards so that the soil does not lie directly on the graves, this method is common practice in Cemeteries throughout the country.
We expect that the excavated soil will be placed on the grave for at most a few days where a weekend is involved, this will unfortunately interfere with access to the graves for that period.
After the funeral has taken place, the whole area will then be cleared and left neat and tidy.
Where a memorial has been installed in close proximity to the grave that is to be excavated this may need to be removed for Health and Safety reasons and/or for excavation access.
The Council will contact the Deed Holder/s of the memorial and will fund the removal of the memorial and its re-instatement after the burial has taken place.
Where more than one burial takes place in a grave there shall be a layer of earth of not less than 15cm (6”) in thickness between each coffin.
When any grave is re-opened for the purpose of making another burial therein, no person shall disturb any human remains interred therein, or remove there from, any soil that is offensive.
After interment, no body or cremated remains may be removed from a grave without the production of the ecclesiastical faculty and/or licence for exhumation required by law. The original documents will be required for this purpose.
Interments may take place with or without the services of a Clergyman or Minister of Religion, and the Council is not responsible for such arrangements.
Ceremonies of a special nature are subject to the approval of the Council and every interment must take place with due reverence to the occasion.

The Town Council must be advised of any funeral at which 50 or more mourners are expected to be in attendance.
The Council has the right to exclude from the Cemetery, on the occasion of a funeral, any person or persons not being mourners or officially connected with such funeral.
In the case of the re-opening of a private grave, where written consent of the owner of the burial rights, or other reasonable evidence of ownership cannot be produced, the Council will require to be indemnified against any action arising as a result of permitting the interment. A suitable form of indemnity is included on the Council’s Interment Form.
Scattering of Ashes is not allowed in any part of Newark Cemetery.

EXCLUSIVE RIGHT OF BURIAL (ERB)
Grants by the Council of exclusive rights of burial in grave spaces in the Cemetery provide the owner of the Grant the right to:
Be buried in that grave
Authorise other burials in that grave (where space is available), or the interment of cremated remains in that grave, subject to being contained in a casket/plastic cylinder.
Erect or place a memorial on that grave subject to the Regulations of the Council relating to memorials.
Have additional inscriptions placed on a memorial subject to the Regulations of the Council relating to this matter.
(Please note that possession of the Grant does not provide ownership of the actual land but only the right, see 3.6 below)
Grants are made subject to the following terms and conditions:
The position of the grave shall be agreed with the Council.
Wherever possible, all plots will be levelled to allow for ease of maintenance.
No unauthorised grave surrounds will be allowed in the Cemetery.
Where a kerb set is approved by the Town Council, the owner of the exclusive rights or their representative(s) are required to maintain the area within the grave surround to an acceptable standard.

No unauthorised kerb sets will be allowed.
The ERB is granted for a period of 50 years only all the rights of the grantee (i.e. the person purchasing the rights of burial) will cease. Under no circumstances will any Grant be made for periods exceeding 50 years.
If any dispute should arise as to the date of expiry of the period for which exclusive rights of burial were granted by the Newark Town Council or a former Local Authority, such date shall be ascertained by reference to records kept by the Council.
At the end of the said period of 50 years, the right to use the plot shall cease and any person interested may, before the expiry of the said period, give notice in writing to the Council that he/she wishes to retain any memorial erected or placed upon the plot, and if no such notice is given or if, after notice has been given the memorial is not within one month from the expiry of the period of 50 years removed at the expense of the person giving notice, the memorial may be removed by the Council and disposed of in such a manner as the Council shall choose and proof of the posting of the said notice shall not be deemed to be proof of a receipt thereof by the Council.
The ERB signed on behalf of the Council will at all times be accepted as evidence of the grantee’s title to the aforementioned rights of burial.

The Grant will be subject to, in addition to these Regulations, any order that the Secretary of State may, from time to time, make in respect of the management of cemeteries by burial authorities, the Council’s table of fees, and any regulations in force for the time being respecting the Cemetery or the portion thereof in which the plot, which is the subject of the Grant, is situated. The Council reserve the right to amend the terms of the ERB subject to any change in legislation
An Exclusive Rights of Burial will only be transferred on receipt of an appropriate, and original, legal arrangement. Please contact the Council for further advice.

GARDEN OF REMEMBRANCE
A Garden of Remembrance has been designated by the Council for the interment of cremated remains. These shall be buried in a casket or plastic cylinder in a plot suitable for two interments. The position of the plot shall be determined by the Council.

A slate Tablet can be purchased from the Town Council only. This includes an integral vase and allows for a limited inscription.

MEMORIALS
A memorial may only be erected on a grave space within the Cemetery in accordance with these Regulations and upon payment of the appropriate fee. A current ERB will be required.
Any memorial placed or erected on the plot shall be of such dimensions as the Council shall approve and may bear a suitable inscription provided that such inscription is not, in the opinion of the Council, libellous or likely to cause offence to any person or body of persons.
Application for approval to place a new memorial in the Cemetery, alter or add to any inscription, or replace, must be submitted to the Council on the appropriate form and is subject to a fee. Any second headstone must be situated in the middle of the grave.
Newark Town Council are a registered member of the British Register of Accredited Memorial Masons (BRAMM)
Memorial Masons must be registered under the Council’s Memorial Registration Scheme before they will be permitted to carry out work in the Cemetery.
A list of approved Memorial Masons can be obtained from the Town Council.
The approval of the Council for any such application will be confirmed by the issue of a memorial permit. Work must not be undertaken until the permit has been issued. Any such permit is issued on the understanding that the work undertaken will fully comply with the details of the application form and the requirements of these Regulations. Any work that does not so comply will not be permitted to remain in the Cemetery. No permit is required for cleaning only; up righting and re-levelling; repair of existing lettering, or painting of the existing memorials and/or inscriptions. The Council will not entertain re-imbursement of any costs associated with a memorial for whatever reason
The Council must be informed of the removal of any memorial from the Cemetery. Only qualified Memorial Masons can remove a headstone, memorial or tablet.
The removal and re-erection of a memorial to facilitate the re-opening of a private grave or to level such grave shall be at the expense of the applicant.

Any unauthorised memorials, including grave surrounds, are subject to removal by the Council without notice and the cost of removal and disposal shall be charged to the owner of the ERB or other responsible person.
Any memorial erected in the Cemetery remains there at the sole risk of and must be kept in a good state of repair by the owner of the Exclusive Right of Burial. The Council does not accept any liability in the event of a memorial being vandalised. In this respect it is strongly recommended that any memorial be adequately insured by the owner.
Memorial Insurance
Newark Town Council strongly recommends that memorials are personally insured. This policy should cover any works required if the memorial becomes unsafe, this will also cover your memorial for any damage caused by vandalism, theft, or accidents.

Please note Newark Town Council cannot be held responsible for any accidental damage caused whilst the grounds team perform their duties to maintain the cemetery, however, extreme care is always taken by the team to minimise risk.

If the Council or its expert advisors consider a memorial to be defective, dangerous or potentially unsafe, it will be the responsibility of the owners thereof to arrange for the necessary remedial work to be carried out. If that option proves unsatisfactory, such memorials will be made safe by appropriate means and the registered owner will be responsible for the repayment of any costs incurred. The Council reserves the right to lay flat or remove unsafe memorials at its discretion if the owner or successor cannot be found or refuses to arrange repairs.
The Council reserves the right to exclude or remove from the Cemetery any memorial not executed in a workmanlike manner, or from sound materials, or which would in their opinion disfigure the Cemetery, or offend.
For all memorials erected after the date of the coming into force of these Regulations the following dimensions shall apply per plot:
Headstones: Height shall not exceed 122cm (4’) from the surface of the raft
Width shall not exceed 91cm (3’)
Thickness shall not exceed 15cm (6”)
A base must be constructed of complementary material to the headstone and be within the following dimensions:
Width – maximum support plinth to be no more than 107cm (42”)
Depth (front to rear) maximum 45cm (18”)
Grave surrounds: in all areas excluding Thoresby Avenue Cemetery extension, shall be no more than a maximum of 213cm (7’) in length and 91cm (3’) in Width. This includes the dimensions of the surrounding plinth.
The only exceptions will be in respect of existing multiple grave plots.
In the Thoresby Avenue Cemetery extension the length of the kerb shall be restricted to 198cm (6’6”) from the front of the plinth and 91cm (3’) in width.
Vases/Tablets: to be placed on the raft or within a surround and to be no more than:
Vases – 38cm (15”) x 38cm x 38cm
Tablets – 45cm (18”) W x 45cm L x 15cm (6”) H
A tablet may be installed without a surround, but must be flush with the ground to allow mowing machinery to pass over without damage to either tablet or machine.

Temporary Memorials
An informal application can be made to the Council regarding the installation of a temporary memorial, this may be a wooden cross that must be sourced by a funeral director or memorial mason company. Temporary memorials deteriorate quickly and so after six months the Council reserves the right to remove any agreed temporary memorials without prior notice or right of appeal. Artificial memorials must not be placed at any time, these include framed tributes/images and other temporary memorials that do not comply with the British Standard 8415 (BS8415). Is to be within the same size criteria as for a conventional stone memorial,
Must be made from a wood that is resistant to rot without treatment,
Is subject to the same testing regime as stone memorials.
The cross needs to be made from timber of a proven origin that has an indicated untreated life of over 25 years.

Equality Act 2010 – copies of this document in large print (A3 format) or larger font size can be made available for those with sight impairment on request from Newark Town Council.
Freedom of Information
In accordance with the Freedom of Information Act 2000, this document will be posted on the Council’s website www.newark.gov.uk.

Office Hours
Any enquiries can be made at the Town Hall, Market Place, Newark, the opening hours of which are:
Monday to Friday 9.30 am to 4.00 pm.
Or call 01636 680333

BACKGROUND
The main Newark Cemetery is located on the south side of London Road, Newark.
The main entrance and a small car park are situated off London Road between Elm Avenue and The Park. Other entrances can be found along Elm Avenue near the Cemetery Cottage and at the end of Elm Avenue, the end of Cavendish Avenue, off Bromley Avenue and at Thoresby Avenue where a second car park is situated. A new extension between the Thoresby Avenue entrance and the Cavendish Avenue entrance was opened in 2013.
The Cemetery is controlled and administered by Newark Town Council, hereinafter called the “Council”, under the Local Government Act 1972 and the Local Authorities’ Cemeteries Order 1977. All burials and interments must comply with the above legislation and/or any succeeding legislation.
INTERPRETATION
The following regulations shall apply to Newark Town Council Cemeteries.
In these rules and regulations, unless the context otherwise requires, the following words and expressions shall have these meanings assigned to them: –
‘Exclusive Right of Burial’ – means the exclusive right of the registered owner to determine who may be interred in or commemorated on the grave in question; such exclusive right to be for a limited period determined by the Council, currently 50 years.
‘Grave’ – means a burial place formed in the ground by excavation and without any internal wall or brickwork, stonework or any other lining.
‘Grave Space’ – means that area allowed by the Council for the establishment of a grave or cremated remains plot.
‘Inscription’ – means a reference on a new memorial to ONE deceased person.
‘Additional Inscription’ – means each inscription, inscribed after the first inscription.
‘Memorial’ – means a headstone, monument, vase, tablet or surround placed on a grave space that commemorates the memory of a deceased person.
‘The Council’ – means Newark Town Council
CEMETERY SITE: CONDITIONS FOR USE
The Cemetery will be open to the public on such days and during such hours as the Council may, from time to time, determine. At present such hours are:
1 April to 30 September 8.00 am to Dusk
1 October to 31 March 8.00 am to Dusk
The Council reserves the right to close the Cemetery at any time without notice.
Any unauthorised entry when the Cemetery is closed to the public contravenes The Local Authorities’ Cemeteries Order 1977, Section 18(2).
All persons entering the Cemetery will be subject to the orders and control of the Town Council.
Please call (01636) 684805 to check there are no interments on the day of installation
If the Mason cannot find the grave, please call:
Cemetery Foreman on 07984 876373
Deputy Foreman on 07494 880742.

Everyone is welcome to visit the Cemetery. We ask that all visitors treat the Cemetery with respect by:
conducting themselves in a respectful manner.
not interfering with any graves or cremated remains plots, or with any burial that is taking place.
taking no alcohol or illegal substances into the Cemetery.
The taking of photographs, filming or recording in the cemetery is not permitted unless written agreement has been given by the Council.
Cemetery staff will be pleased to help wherever possible with any queries, but any complaints must be made to the Town Council offices directly.
Visitors to the Cemetery shall not unreasonably interrupt the Council’s employees whilst carrying out their duties
Visitors to the Cemetery shall not attempt to employ the Council’s employees to execute private work within the Cemetery or extend to them any gratuity.
Physical or verbal abuse towards any Newark Town Council staff member will not be tolerated.
No person shall sit, stand, or climb upon or over any gate, wall, fence or building, or any memorial gravestone/tablet or other property of or within the Cemetery
Only transactions linked to use, and operation of the Cemetery are permitted
Depositing any unsuitable materials within the bins provided in the Cemetery will be considered as fly tipping and will be reported.
No external waste to be brought into the Cemetery at any time.
No person shall sell or offer or expose for sale any article, commodity or thing of any kind whatsoever or solicit orders for the same, within the Cemetery without the express permission of the Council.

There is no access to any motor vehicle in the Cemetery, except Council operated vehicles, funeral and memorial masons’ vehicles.
The use of motorcycles, cycles, skateboards, roller blades, roller skates, scooters or any other vehicle, whether propelled by mechanical or powered means, will not be allowed in the Cemetery.

EXCLUSIVE RIGHT OF BURIAL (ERB)
Memorials applications will only be considered following proof of a current Exclusive Right of Burial (ERB).
Grants by the Council of Exclusive Rights of Burial (ERB) in grave spaces in the Cemetery provide the owner of the document the right to:
Erect or place a memorial on that grave subject to the Regulations of the Council relating to memorials.
Have additional inscriptions placed on a memorial subject to the Regulations of the Council relating to this matter.
(Please note that possession of the Grant does not provide ownership of the actual land but only the right, see 3.6 below)
Grants are made subject to the following terms and conditions:
The position of the grave shall be agreed with the Council.
No unauthorised grave surrounds will be allowed in the Cemetery.
Where a kerb set is approved by the Town Council, the owner of the exclusive rights or their representative(s) are required to maintain the area within the grave surround to an acceptable standard.

No unauthorised kerb sets will be allowed.
The ERB is granted for a period of 50 years only all the rights of the grantee (i.e. the person purchasing the rights of burial) will cease. Under no circumstances will any Grant be made for periods exceeding 50 years.
If any dispute should arise as to the date of expiry of the period for which exclusive rights of burial were granted by the Newark Town Council or a former Local Authority, such date shall be ascertained by reference to records kept by the Council.
At the end of the said period of 50 years, the right to use the plot shall cease and any person interested may, before the expiry of the said period, give notice in writing to the Council that he/she wishes to retain any memorial erected or placed upon the plot, and if no such notice is given or if, after notice has been given the memorial is not within one month from the expiry of the period of 50 years removed at the expense of the person giving notice, the memorial may be removed by the Council and disposed of in such a manner as the Council shall choose and proof of the posting of the said notice shall not be deemed to be proof of a receipt thereof by the Council.
The ERB signed on behalf of the Council will at all times be accepted as evidence of the grantee’s title to the aforementioned rights of burial.

The Grant will be subject to, in addition to these Regulations, any order that the Secretary of State may, from time to time, make in respect of the management of cemeteries by burial authorities, the Council’s table of fees, and any regulations in force for the time being respecting the Cemetery or the portion thereof in which the plot, which is the subject of the Grant, is situated. The Council reserve the right to amend the terms of the ERB subject to any change in legislation
An Exclusive Rights of Burial will only be transferred on receipt of an appropriate, and original, legal arrangement. Please contact the Council for further advice.
GARDEN OF REMEMBRANCE
A Garden of Remembrance has been designated by the Council for the interment of cremated remains. These shall be buried in a casket or plastic cylinder in a plot suitable for two interments. The position of the plot shall be determined by the Council.

A slate Tablet can be purchased from the Town Council only. This includes an integral vase and allows for a limited inscription.

MEMORIALS
A memorial may only be erected on a grave space within the Cemetery in accordance with these Regulations and upon payment of the appropriate fee. A current ERB will be required.
Any memorial placed or erected on the plot shall be of such dimensions as the Council shall approve and may bear a suitable inscription provided that such inscription is not, in the opinion of the Council, libellous or likely to cause offence to any person or body of persons.
Application for approval to place a new memorial in the Cemetery, alter or add to any inscription, or replace, must be submitted to the Council on the appropriate form and is subject to a fee. Any second headstone must be situated in the middle of the grave.
Newark Town Council are a registered member of the British Register of Accredited Memorial Masons (BRAMM)
Memorial Masons must be registered under the Council’s Memorial Registration Scheme before they will be permitted to carry out work in the Cemetery.
A list of approved Memorial Masons can be obtained from the Town Council.
The approval of the Council for any such application will be confirmed by the issue of a memorial permit. Work must not be undertaken until the permit has been issued. Any such permit is issued on the understanding that the work undertaken will fully comply with the details of the application form and the requirements of these Regulations. Any work that does not so comply will not be permitted to remain in the Cemetery. No permit is required for cleaning only; up righting and re-levelling; repair of existing lettering, or painting of the existing memorials and/or inscriptions. The Council will not entertain re-imbursement of any costs associated with a memorial for whatever reason.
The Council must be informed of the removal of any memorial from the Cemetery. Only qualified Memorial Masons can remove a headstone, memorial or tablet.
The removal and re-erection of a memorial to facilitate the re-opening of a private grave or to level such grave shall be at the expense of the applicant.

Any unauthorised memorials, including grave surrounds, are subject to removal by the Council without notice and the cost of removal and disposal shall be charged to the owner of the ERB or other responsible person.
Any memorial erected in the Cemetery remains there at the sole risk of and must be kept in a good state of repair by the owner of the Exclusive Right of Burial. The Council does not accept any liability in the event of a memorial being vandalised. In this respect it is strongly recommended that any memorial be adequately insured by the owner.
Memorial Insurance
Newark Town Council strongly recommends that memorials are personally insured. This policy should cover any works required if the memorial becomes unsafe, this will also cover your memorial for any damage caused by vandalism, theft, or accidents.

Please note Newark Town Council cannot be held responsible for any accidental damage caused whilst the grounds team perform their duties to maintain the cemetery, however, extreme care is always taken by the team to minimise risk.

If the Council or its expert advisors consider a memorial to be defective, dangerous or potentially unsafe, it will be the responsibility of the owners thereof to arrange for the necessary remedial work to be carried out. If that option proves unsatisfactory, such memorials will be made safe by appropriate means and the registered owner will be responsible for the repayment of any costs incurred. The Council reserves the right to lay flat or remove unsafe memorials at its discretion if the owner or successor cannot be found or refuses to arrange repairs.
The Council reserves the right to exclude or remove from the Cemetery any memorial not executed in a workmanlike manner, or from sound materials, or which would in their opinion disfigure the Cemetery, or offend.
For all memorials erected after the date of the coming into force of these Regulations the following dimensions shall apply per plot:
Headstones: Height shall not exceed 122cm (4’) from the surface of the raft
Width shall not exceed 91cm (3’)
Thickness shall not exceed 15cm (6”)
A base must be constructed of complementary material to the headstone and be within the following dimensions:
Width – maximum support plinth to be no more than 107cm (42”)
Depth (front to rear) maximum 45cm (18”)
Grave surrounds: in all areas excluding Thoresby Avenue Cemetery extension, shall be no more than a maximum of 213cm (7’) in length and 91cm (3’) in Width. This includes the dimensions of the surrounding plinth.
The only exceptions will be in respect of existing multiple grave plots.
In the Thoresby Avenue Cemetery extension the length of the kerb shall be restricted to 198cm (6’6”) from the front of the plinth and 91cm (3’) in width.
Vases/Tablets: to be placed on the raft or within a surround and to be no more than:
Vases – 38cm (15”) x 38cm x 38cm
Tablets – 45cm (18”) W x 45cm L x 15cm (6”) H
A tablet may be installed without a surround, but must be flush with the ground to allow mowing machinery to pass over without damage to either tablet or machine.

Temporary Memorials
An informal application can be made to the Council regarding the installation of a temporary memorial, this may be a wooden cross that must be sourced by a funeral director or memorial mason company. Temporary memorials deteriorate quickly and so after six months the Council reserves the right to remove any agreed temporary memorials without prior notice or right of appeal. Artificial memorials must not be placed at any time, these include framed tributes/images and other temporary memorials that do not comply with the British Standard 8415 (BS8415). Is to be within the same size criteria as for a conventional stone memorial,
Must be made from a wood that is resistant to rot without treatment,
Is subject to the same testing regime as stone memorials.
The cross needs to be made from timber of a proven origin that has an indicated untreated life of over 25 years.

Equality Act 2010 – copies of this document in large print (A3 format) or larger font size can be made available for those with sight impairment on request from Newark Town Council.
Freedom of Information
In accordance with the Freedom of Information Act 2000, this document will be posted on the Council’s website www.newark.gov.uk.

Office Hours
Any enquiries can be made at the Town Hall, Market Place, Newark, the opening hours of which are:
Monday to Friday 9.30 am to 4.00 pm.
Or contact 01636 680333